Midterm

Question 1

The right to celebrate gay pride

Answer 1

1st amendment

Question 2

The right of media to be present during the trial in a criminal prosecution

Answer 2

6th amendment

Question 3

The right to be released from jail before trial

Answer 3

8th amendment

Question 4

Appellate court

Answer 4

Court that reviews the actions of a trial court and determines whether an error has been committed and needs corrective action

Question 5

Federal court

Answer 5

Part of the U.S. court system, has limited authority, and hears only cases involving U.S. government, federal laws, or cases of diversity and citizenship

Question 6

State court

Answer 6

Part of judicial branch in state in which it is located

Question 7

Trial court

Answer 7

Court that has authority to hear the evidence of the parties before it and render a verdict

Question 8

Legal analysis

Answer 8

Process of examining precedent in detail in order to predict its effect on future similar situations

Question 9

Where must proposes legislation to raise government revenue through taxes originate?

Answer 9

Section 7

Question 10

What is the date of the first session of Congress each year?

Answer 10

Section 4

Question 11

In which house does impeachment proceedings take place?

Answer 11

Section 3 in senate

Question 12

What is required If one of the houses of Congress wants to conduct business in a location other than capitol building?

Answer 12

Section 5

Question 13

What is an administrative agency?

Answer 13

Government office created by the legislature and overseen by the executive branch. Purpose is to apply certain laws created by legislature

Question 14

What is APA?

Answer 14

Administrative Procedure Act, requires all federal administrative agencies to follow certain procedures in the issuance of administrative law

Question 15

Motion to dismiss

Answer 15

Used when a party believes that the facts of the case do not support a viable legal claim

Question 16

Motion for summary judgment

Answer 16

Before trial when evidence is overwhelmingly one sided

Question 17

Motion to quash

Answer 17

Filed when plaintiff does not follow the rules of procedure for serving summons and complaint of defendant

Question 18

Motion to limline

Answer 18

To limit or exclude

Question 19

Naturalist theory

Answer 19

Philosophy that all persons inherently know the difference between right and wrong

Question 20

Positivist theory

Answer 20

Political belief that there should be a superior governmental entity that is not subject to question or challenge

Question 21

State decisis

Answer 21

Method used by the judiciary when applying precedent to current situations

Question 22

Ancillary jurisdiction

Answer 22

Authority of court over related issues in a case that is subject to the court’s authority on other grounds

Question 23

Concurrent jurisdiction

Answer 23

One or more court has authority to hear a particular case

Question 24

In Personam jurisdiction

Answer 24

Authority of court to render and enforce rulings over a particular individual and the individuals’ property

Question 25

In Rem jurisdiction

Answer 25

Authority over a specific item of property regardless of who claims it